Law Approving The Comprehensive Framework Agreement Of Partnership And Cooperation Between The European Union And Its Member States, On The One Hand, And The Socialist Republic Of Viet Nam, On The Other Hand, Done At Brussels On June 27, 2012 (1) (2)

Original Language Title: Loi portant assentiment à l'Accord-cadre global de partenariat et de coopération entre l'Union européenne et ses Etats membres, d'une part, et la République socialiste du Viêt Nam, d'autre part, fait à Bruxelles le 27 juin 2012 (1) (2)

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26 JUIN 2013. - An Act to approve the Comprehensive Framework Agreement for Partnership and Cooperation between the European Union and its Member States, on the one hand, and the Socialist Republic of Vietnam, on the other hand, done in Brussels on 27 June 2012 (1) (2) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Comprehensive Framework Agreement for Partnership and Cooperation between the European Union and its Member States, on the one hand, and the Socialist Republic of Vietnam, on the other hand, made in Brussels on 27 June 2012, will emerge its full and complete effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 26 June 2013.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs, Foreign Trade and European Affairs,
D. REYNDERS,
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2012-2013
Senate
Documents. - Bill tabled on 20 March 2013, No. 5-2023/1. - Report made on behalf of the commission, No. 5-2023/2.
Annales parliamentarians. - Discussion, meeting of May 2, 2013. - Vote: meeting of 2 May 2013.
House of Representatives
Documents. - Project transmitted by the Senate, No. 53-2792/1. - Report made on behalf of the Commission, No. 53-2792/2. - Text adopted in plenary and subject to Royal Assent, No. 53-2792/3.
Annales parliamentarians. - Discussion, meeting of May 29, 2013. Vote, meeting of 30 May 2013.
(2) See Decree of the Flemish Community/ Flemish Region of 22 November 2013 (Belgian Monitor of 7 January 2014 (Ed. 2). Decree of the French Community of 4 July 2013 (Moniteur belge of 19 July 2013 (Ed. 2). Decree of the German-speaking Community of 23 September 2013 (Moniteur belge of 22 October 2013 (Ed. 2)). Decree of the Walloon Region of 10 July 2013 (Moniteur belge of 31 July 2013). Order of the Brussels-Capital Region of 26 July 2013 (Belgian Monitor of 3 September 2013). Order of the Joint Community Commission of 27 February 2013 (Moniteur belge of 11 March 2014).

AGREEMENT-CADRE
global partnership and cooperation between the European Union and its member states, on the one hand, and the Socialist Republic of Vietnam, on the other.
EUROPEAN UNION,
hereafter referred to as "the Union",
and
BELGIUM,
THE REPUBLIC OF BULGARIA,
LA REPUBLIQUE TCHEQUE,
DANEMARK,
THE GERMANY FEDERAL REPUBLIC,
THE REPUBLIC OF ESTONIA,
IRILAND,
LA REPUBLIQUE HELLENIQUE,
SPANISH ROY,
THE FRENCH REPUBLIC,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CHYPRE,
THE REPUBLIC OF LETTONIA,
LA REPUBLIQUE DE LITUANIE,
LUXEMBOURG,
THE REPUBLIC OF HUNGARY,
MALTE,
ROYAUME DES PAYS-BAS,
THE REPUBLIC OF AUTRICHE,
THE REPUBLIC OF POLAND,
THE PORTUGAISE REPUBLIC,
THE ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVATIC REPUBLIC,
THE REPUBLIC OF FINLAND,
The SUEDE ROYAUME,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTH IRELAND,
Contracting Parties to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, below referred to as "Member States",
on the one hand, and
THE SOCIALIST REPUBLIC OF VIETNAM, hereinafter referred to as "Viêt Nam",
on the other hand,
hereafter referred to as the "Parties",
CONSIDERING the traditional relations of friendship between them and the close historical, political and economic ties that unite them;
EU EGARD on the particular importance they attach to the comprehensiveness of their mutual relations, as demonstrated by, inter alia, the "Guideline for relations between Vietnam and the European Union up to 2010 and the directions for 2015", adopted by Vietnam in 2005, and the discussions that followed each other;
CONSIDERING that, for them, this agreement is part of a broader and more coherent relationship, within the framework of agreements to which they both participate;
REAFFIRMING their commitment to the general principles of international law, the purposes and principles of the Charter of the United Nations and respect for democratic principles and human rights;
REAFFIRMING their respect for the independence, sovereignty, territorial integrity and national unity of the Socialist Republic of Vietnam;
REAFFIRMING their commitment to the principle of good governance and the fight against corruption;
REAFFIRMING their willingness to promote the economic and social progress of their populations, taking into account the principle of sustainable development and environmental protection requirements;
CONSIDERING that the International Criminal Court is an important step forward for international peace and justice, in that it aims to effectively prosecute the perpetrators of the most serious crimes affecting the international community as a whole;
REQUESTS that the proliferation of weapons of mass destruction (MDD) constitutes a grave threat to international security and wishes to strengthen their dialogue and cooperation in this regard. The adoption by consensus of UN Security Council resolution 1540 is the basis for the commitment of the international community to combat the proliferation of weapons of mass destruction;
RECOGNIZING the need to strengthen disarmament and non-proliferation commitments under their international obligations;
Expressing their full commitment to combating all forms of terrorism, in accordance with international law, including human rights and humanitarian law, and their resolution to establish effective international cooperation and instruments to ensure their eradication, and recalling the relevant UN Security Council resolutions;
RECOGNIZING the importance of the cooperation agreement of 7 March 1980 between the European Economic Community and Indonesia, Malaysia, the Philippines, Singapore and Thailand, member countries of the Association of Southeast Asian Nations (ASEAN), extended to Vietnam in 1999, as well as the cooperation agreement between the European Community and the Socialist Republic of Vietnam of 17 July 1995;
RECOGNIZING the importance of strengthening their existing relations, with a view to improving cooperation between them, and their common desire to consolidate, deepen and diversify their relations in areas of common interest on the basis of the principles of sovereignty, equality, non-discrimination, respect for the natural environment and mutual benefit;
RECOGNIZING the status of Vietnam ' s developing countries and taking into account their respective levels of development;
RECOGNIZING the special importance of development cooperation for developing countries, including low-income and low-income countries, for the sustainability of their economic growth and development, and the full and timely achievement of internationally agreed development goals, including the Millennium Development Goals set by the United Nations;
RECOGNIZING the progress made by Viet Nam towards the achievement of the Millennium Development Goals and the implementation of its socio-economic development strategy, as well as its current level of development, which makes it a low-income developing country;
EU EGARD on the particular importance they attach to the principles and rules governing international trade and contained in the agreement establishing the World Trade Organization (WTO), as well as the need to apply them in a transparent and non-discriminatory manner;
RECOGNIZING the importance of the role of trade in development and preferential trade programmes;
Expressing their full commitment to promoting sustainable development in all its dimensions, including environmental protection and effective cooperation in combating climate change, as well as the effective promotion and implementation of international labour standards ratified by them;
Acknowledging the importance of migration cooperation;
CONFIRMING their desire to improve, taking fully into account the activities undertaken within a regional framework, cooperation between them, on the basis of common values and mutual benefit;
PRECISING that the provisions of this Agreement which fall under Part III, Title V, of the Treaty on the Functioning of the European Union bind the United Kingdom and Ireland as separate Contracting Parties or as Member States of the European Union, in accordance with the Protocol (n Findings 21) on the position of the United Kingdom and Ireland with respect to the space of freedom, security and justice annexed to the European Treaty The same provisions apply to Denmark, in accordance with the protocol (n.N.N.N. 22) on the position of Denmark annexed to the said treaties,
AGAINST WHO ITS:
PART I
NATURE AND PORTEE
ARTICLE 1
General principles
1. The parties confirm their commitment to the general principles of international law, as defined in the purposes and principles of the Charter of the United Nations, reaffirmed in the declaration of the General Assembly of the United Nations on the principles of international law relating to friendly relations and cooperation between States in accordance with the Charter of the United Nations, of 24 October 1970, and in other relevant international treaties, stating, among other things, the concept of
2. The parties confirm their commitment to continue their cooperation towards the full realization of the internationally agreed development goals, including the Millennium Development Goals, in accordance with their current international mutual obligations, which is an essential element of this agreement. They also confirm their respective commitments with regard to the European consensus on the development of 2005, the Paris Declaration on the Effectiveness of Aid adopted in 2005 at the High-Level Forum on Aid Effectiveness, the Accra Programme of Action adopted at the third High-Level Forum on the Effectiveness of Hanoi's Aid and Declaration on the Effectiveness of Aid adopted in 2006, with the aim of further improving the results
3. The parties confirm their commitment to promote sustainable development in all its dimensions, to cooperate in addressing the challenges of climate change and globalization and to contribute to the achievement of internationally agreed development goals, including the Millennium Development Goals.
4. The parties agree that the implementation of all cooperation activities under this Agreement will take into account their respective capacities, needs and levels of development.
5. The parties confirm that trade plays a significant role in development and that preferential trade programmes contribute to the development of developing countries, including Vietnam.
6. The parties agree that the cooperation provided for in this Agreement will be in accordance with their respective legislation, rules and regulations.
ARTICLE 2
Objectives of cooperation
In order to strengthen their bilateral relations, the parties undertake a comprehensive dialogue and greater cooperation in all areas of common interest. Their efforts include:
(a) establish bilateral cooperation in all relevant regional and international forums and organizations;
(b) develop trade and investment between them, to their mutual benefit;
(c) establish cooperation in all areas of common interest related to trade and investment in order to facilitate sustainable trade and investment flows and to prevent and remove barriers to trade and investment, in a manner consistent with current and future EU-ASEAN regional initiatives and in addition to those initiatives;
(d) Ensure, through development cooperation, poverty eradication, sustainable development, addressing new challenges such as climate change and communicable diseases, deepening economic reforms and strengthening integration into the global economy;
(e) establish cooperation in the field of justice and security, including in the area of the rule of law and legal cooperation, data protection, migration and combating organized crime, money-laundering and illicit drugs;
(f) encourage cooperation in all other areas of common interest, including human rights, economic policy, financial services, taxation, industrial policy and small and medium-sized enterprises, information and communications technologies, science and technology, energy, transport, urban planning and land use, tourism, education and training, culture, climate change,
(g) Strengthen current participation and encourage the future participation of both parties in regional and subregional cooperation programmes open to the participation of the other party;
(h) To establish cooperation in combating the proliferation of weapons of mass destruction and their means of delivery, against the illicit trade in small arms and light weapons in all its aspects and against debris of war;
(i) Establish cooperation in combating terrorism;
(j) strengthen the role and image of each party in the region of the other by various means such as cultural exchanges, the use of information technology and education;
(k) promote interpersonal understanding, including through cooperation between entities such as think tanks, universities, businesses and the media, through seminars, conferences, youth exchanges and other activities.
ARTICLE 3
Cooperation in regional and international organizations
1. The parties undertake to exchange their views and to cooperate in regional and international forums and organizations, such as the United Nations and their agencies and organizations, the EU-ASEAN dialogue, the ASEAN Regional Forum (FRA), the Asia-Europe Summit (ASEM) and the World Trade Organization (WTO).
2. The parties also agree to promote cooperation in these areas between think tanks, universities, NGOs, businesses and the media by organizing seminars, conferences and other related activities, provided that such cooperation is based on mutual consent.
ARTICLE 4
Bilateral and regional cooperation
1. For each area of dialogue and cooperation under this Agreement, while giving due attention to bilateral cooperation issues, the parties agree to carry out the activities concerned at the bilateral or regional level or by combining the two frameworks. In selecting the appropriate framework, the parties seek to maximize the impact on all parties involved and to enhance their participation while making the best use of available resources, taking into account the political and institutional feasibility and ensuring coherence with other activities involving the Union and ASEAN. Where appropriate, cooperation can include support for integration into ASEAN and the development of a sense of community.
2. The parties may, as the case may be, decide to extend their financial support to cooperation activities in or relating to areas covered by the agreement in accordance with their respective financial procedures and resources. This cooperation can, among other things, support the development of socio-economic reforms in Vietnam and focus on capacity-building measures, such as the organization of training programs, workshops and seminars, exchanges of experts, studies and other actions agreed by the parties, in accordance with donor development strategies.
PART II
DEVELOPMENT COOPERATION
ARTICLE 5
General principles
1. Development cooperation has the main objectives of achieving the Millennium Development Goals, eradicating poverty and promoting sustainable development and integration into the world economy. The objectives of development cooperation take into account Vietnamese socio-economic development strategies and programmes. The parties recognize that their development cooperation is essential to addressing Vietnam ' s development challenges.
2. The parties agree to promote cooperation activities based on their respective procedures and resources.
ARTICLE 6
Objectives of cooperation
The parties ' development cooperation strategies will include:
(a) To achieve sustained economic growth;
(b) Promoting social and human development;
(c) promoting institutional reforms and development;
(d) promote sustainable management and environmental regeneration, as well as good practices in this area and the preservation of natural resources;
(e) Prevent and address the consequences of climate change;
(f) support policies and instruments for progressive integration into the world economy and trade.
ARTICLE 7
Forms of cooperation
1. For each sector of cooperation under this heading, the parties agree to act bilaterally or regionally or by combining the two frameworks, including through tripartite cooperation.
2. Cooperation between the parties may take the following forms:
(a) development and technical assistance to programmes and projects agreed upon by the parties;
(b) capacity-building through training, workshops and seminars, exchange of experts, studies and joint research between the parties;
(c) other forms of development financing, if applicable;
(d) exchange of information on good practices in aid effectiveness.
PART III
PEACE AND SECURITY
ARTICLE 8
Combating proliferation
weapons of mass destruction and their means of delivery
1. The parties consider that the proliferation of weapons of mass destruction and their means of delivery to both state and non-state actors is one of the most serious threats to international stability and security, while reaffirming the legitimate right of the parties to research, development, use, marketing and transfer of applicable biological, chemical and nuclear technology and related materials for peaceful purposes, in accordance with treaties and conventions. They therefore agree to cooperate and contribute to the fight against the proliferation of such weapons and their means of delivery by ensuring full respect and implementation, at the national level, of their obligations under international disarmament and non-proliferation treaties and agreements, as well as international obligations in this field. The parties agree that this provision is an essential element of the agreement.
2. The parties also agree to cooperate and contribute to the fight against the proliferation of weapons of mass destruction and their means of delivery:
(a) taking measures to sign or ratify or accede to all other relevant international treaties and agreements, as appropriate, and with a view to fully implementing their respective obligations;
(b) Implementing, in accordance with the capabilities of each party, an effective system of national export controls to control the export and transit of goods related to weapons of mass destruction, as well as the final use of dual-use technologies, which provides for effective sanctions in the event of an infringement of the export control regime, in accordance with UN Security Council resolution 1540, without adversely affecting the import and normal export activities. The implementation of this system may require assistance, including capacity-building.
3. The parties agree to establish a regular political dialogue that will accompany and consolidate these elements.
ARTICLE 9
Cooperation in combating illicit trade
of Small Arms and Light Weapons in All Its Aspects
1. While reaffirming their legitimate right to manufacture, import and hold small arms and light weapons to meet their self-defence and security needs, the parties recognize that the illicit manufacture, transfer and circulation of small arms and light weapons in all their aspects, as well as the excessive accumulation and uncontrolled spread of such weapons, continue to pose a serious threat to international peace and security. In this regard, they recall the relevant passages of General Assembly resolutions 64/50 and 64/51.
2. The parties agree to observe and fully implement their respective obligations in the fight against the illicit trade in small arms and light weapons in all its aspects, in accordance with existing international agreements to which they are contracting parties and in accordance with the resolutions adopted by the Security Council of the United Nations, as well as to respect the commitments to which they have subscribed in the framework of other relevant international instruments in this field, such as the United Nations Programme of Action to Prevent
3. The parties undertake to establish a dialogue, in the appropriate form, with a view to exchanging views and information and a common vision of the problems related to the illicit trade in small arms and light weapons and to strengthen their capacity to prevent, combat and eradicate this trade.
ARTICLE 10
Cooperation in combating terrorism
The parties reaffirm the importance of the fight against terrorism in full respect of the law, including the Charter of the United Nations, human rights legislation, refugee law and international humanitarian law. In this context and in accordance with the United Nations Global Counter-Terrorism Strategy, adopted in General Assembly resolution 60/288 and the joint EU-ASEAN declaration of 28 January 2003 on cooperation in combating terrorism, the parties agree to strengthen their cooperation in the prevention and eradication of terrorist acts.
The parties cooperate in particular:
(a) within the framework of the full implementation of Security Council resolution 1373 and other relevant United Nations resolutions, taking measures to ratify and fully implement international conventions and instruments to combat and prevent terrorism;
(b) Establishing regular consultations in the joint committee on cooperation in combating terrorism and preventing terrorism;
(c) by exchanging information on terrorist groups and their aid networks, in accordance with international and national law and, according to the programmes and instruments of the parties, by providing support for capacity-building in the fight against terrorism and the prevention of terrorism;
(d) by exchanging views on the means and methods used to combat terrorism and incitement to commit acts of terrorism, in particular technical and training, and by exchanging experiences in the field of terrorism prevention;
(e) cooperating with a view to deepening the international consensus on the fight against terrorism and its normative framework, and working on the elaboration, as soon as possible, of an agreement on the general convention against international terrorism, in order to complement the instruments already established by the United Nations to combat terrorism;
(f) Encouraging cooperation among States members of the United Nations with a view to effectively implementing the United Nations global strategy against terrorism;
(g) sharing good practices in the protection of human rights in the context of the fight against terrorism.
ARTICLE 11
Judicial cooperation
1. The parties agree to cooperate in the legal field, in strengthening the rule of law and institutions at all levels in the areas of the administration of justice and the application of law.
2. The parties agree to cooperate in strengthening judicial capacity and the legal system in areas such as civil law, rules of civil procedure, criminal law and rules of criminal procedure, and to exchange information on legal systems and legislation.
3. The parties also agree to cooperate in the field of international criminal justice. They believe that the most serious crimes affecting the international community cannot remain unpunished and that their repression must be effectively ensured by taking the necessary measures at the appropriate level.
4. The parties consider that the International Criminal Court is a progressive and independent institution working for international peace and justice. They agree to cooperate with a view to strengthening the legal framework for the prevention and punishment of the most serious crimes affecting the entire international community and to consider the possibility of acceding to the Rome Statute. The parties recognize the beneficial nature of dialogue and cooperation on this subject.
PART IV
TRADE AND INVESTMENT COOPERATION
ARTICLE 12
General principles
1. The parties engage in a dialogue on bilateral and multilateral trade and related issues with a view to strengthening bilateral trade relations and advancing the multilateral trading system.
2. The parties are committed to promoting the development and diversification of their trade at the highest possible level and to their mutual benefit. They are committed to improving and making market access conditions more predictable by working to remove barriers to trade, including by timely removal of non-tariff barriers and trade restrictions and by taking measures to improve transparency, while taking into account the work done in this area by international organizations whose two parties are members.
3. Recognizing the indispensable role played by trade in development and the proven benefit that developing countries can draw from trade preference schemes, including the generalized preference system (GSP) and the special and differential treatment provided by the WTO, the parties endeavour to intensify their consultations on their effective implementation.
4. The parties shall take into account their respective levels of development for the implementation of this title.
5. The parties are kept informed of developments in trade and trade policies such as agricultural policy, food security policy, consumer protection policy and environmental policy.
6. The parties encourage dialogue and cooperation to develop their trade and investment relationships, including by seeking to resolve trade-related issues and by providing technical assistance and capacity-building programmes, in order to address trade issues, particularly in the areas mentioned in this title.
7. In order to liberate their potential and to use their economic complementarity, the parties strive to seek more opportunities and solutions to strengthen their relations in terms of trade and investment, which can, if necessary, be through the negotiation of free trade agreements and other agreements of mutual interest.
ARTICLE 13
Trade development
1. The parties are committed to developing, diversifying and increasing trade and improving the competitiveness of their products in national, regional and international markets. Cooperation for this purpose among the parties must include the objective of strengthening capacity in areas such as trade development strategies, optimization of trade opportunities, including GSP preferences, competitiveness, promotion of technology transfer among businesses, transparency of policies, laws and regulations, market information, institutional development and networking at the regional level.
2. The parties are fully using trade aid measures and other complementary aid programs to strengthen trade and investment between them.
ARTICLE 14
Health and phytosanitary issues
and animal welfare issues
1. The parties reaffirm their current rights and obligations under the WTO Agreement on Health and Phytosanitary Measures (SPS Agreement).
2. They strengthen their cooperation and exchange information on legislation and procedures for the implementation, registration, inspection and monitoring of health and phytosanitary issues relating to trade between them in the framework of the WTO Agreement on Health and Phytosanitary Measures, the International Plant Protection Convention (CIPV), the International Office of Epizooties (OIE) and the Code.
3. The parties also agree to cooperate on health and phytosanitary issues and to promote cooperation between them in this area through capacity-building and technical assistance tailored to the needs of each party and to assist in complying with the legal framework of the other, including in the areas of food security, phytosanitary and zoosanitary issues and the use of international standards.
4. The parties agree to cooperate in the field of animal welfare and well-being, as appropriate, including through technical assistance and capacity-building measures to develop standards in this area.
5. The parties shall designate points of contact for the communication relating to matters provided for in this article.
ARTICLE 15
Technical barriers to trade
1. The parties encourage the use of international standards, cooperate and exchange information on standards, technical regulations and conformity assessment procedures, including within the framework of the WTO Agreement on Technical Barriers to Trade (TBTO).
2. Parties shall endeavour to exchange information at an early stage in the development of new elements of legislation concerning TBTs. To this end, they encourage any measures to bridge the gap between them in the areas of conformity assessment and standardization and improve the convergence and compatibility between their respective systems on these points. The parties agree to exchange ideas and study the possibility of using certification by a third party to facilitate exchange flows between them.
3. Cooperation on technical barriers to trade includes dialogue through appropriate channels, joint projects, technical assistance and capacity-building programmes. The parties shall, where appropriate, designate points of contact for the communication relating to matters provided for in this section.
ARTICLE 16
Cooperation on customs issues and trade facilitation
1. The parties:
(a) share their experiences and good practices and explore opportunities to simplify import, export and placement procedures under other customs regimes;
(b) ensure transparency of customs regulations and trade facilitation;
(c) establish customs cooperation and effective mechanisms for mutual administrative assistance;
(d) seek convergence of views and joint action within the relevant international trade facilitation initiatives.
2. The parties are particularly interested in:
(a) Strengthen the security and safety dimension of international trade;
(b) To ensure greater efficiency of customs measures to enforce intellectual property rights;
(c) To ensure a balanced approach between trade facilitation and combating fraud and irregularities.
3. Without prejudice to other forms of cooperation provided for in this Agreement, the parties affirm their interest in the possibility, in the future, of concluding Customs cooperation and mutual administrative assistance protocols, within the institutional framework laid down by this Agreement.
4. The parties shall endeavour to mobilize technical assistance resources to support the implementation of cooperation on customs issues and trade facilitation regulations under this Agreement.
ARTICLE 17
Investment
The parties promote a greater flow of investment by developing an attractive and stable environment for investment through a coherent dialogue aimed at improving understanding and cooperation on investment issues, exploring administrative mechanisms to facilitate investment flows and promoting a stable, transparent, open and equal investment regime for investors in the parties.
ARTICLE 18
Competition policy
1. The parties ensure the maintenance of competition legislation and regulations and the maintenance of competition authorities. They apply these rules in an effective, non-discriminatory and transparent manner to promote legal security in their respective territories.
2. To this end, parties can build their capacity and launch other cooperative activities related to the development and application of competition laws and regulations, subject to the availability of funding under the cooperation programs and instruments of the parties.
ARTICLE 19
Services
The parties establish a regular dialogue to exchange information on their respective regulatory environments with a view to identifying good practices, promoting access to their respective markets, including e-commerce, and sources of capital and technology, as well as promoting trade in services between the two regions and third-country markets.
ARTICLE 20
Protection of intellectual property rights
1. The parties reaffirm the importance they attach to the protection of intellectual property rights (IPR) and to the full implementation of international commitments in this area, with a view to ensuring the appropriate and effective protection of these rights, in accordance with relevant international standards and agreements, such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the International Convention for the Protection of Varietal Obtaininges (UPD)
2. The parties agree to intensify their cooperation in the field of the protection and application of intellectual property rights, including on appropriate means to facilitate the protection and registration of geographical indications of the other party in their respective territories, taking into account international rules, practices and developments in this area and their respective capacities.
3. Co-operation is implemented in the forms agreed upon by the parties, including through exchanges of information and experiences on issues related to the implementation, promotion, dissemination, rationalization, management, harmonization, protection, respect and effective application of intellectual property rights, the prevention of abuse of such rights, and the fight against counterfeiting and enforcement of such rights.
ARTICLE 21
Increased participation of economic actors
1. The parties encourage and facilitate the operation of chambers of commerce and industry as well as cooperation between the professional associations of the parties, with a view to stimulating exchanges and investments in areas of mutual interest.
2. The parties encourage dialogue between their respective regulatory bodies and private sector actors to discuss recent developments in the trade and investment environment, explore private sector development needs and exchange views on strategic frameworks to enhance business competitiveness.
ARTICLE 22
Consultations
In order to ensure certain security and predictability in their bilateral trade relations, the parties agree to consult without delay and as soon as possible, at the request of a party, on any dispute that may arise in connection with trade or trade-related matters in this title.
PART V
COOPERATION IN JUSTICE
ARTICLE 23
Combating organized crime
The parties agree to cooperate in combating organized, economic and financial crime and corruption. This cooperation aims, in particular, to implement and promote relevant international standards and instruments, such as the United Nations Convention against Transnational Organized Crime and its Additional Protocols, and the United Nations Convention against Corruption, as appropriate.
ARTICLE 24
Cooperation in combating money-laundering and the financing of terrorism
1. The parties agree on the need to work and cooperate in order to prevent their financial systems from being misused and in order to prevent money laundering from all kinds of serious criminal activities, as recommended by the Financial Action Group on Money Laundering (FATF).
2. Both parties agree to promote training and technical assistance activities aimed at the development and implementation of regulations and the improvement of the functioning of mechanisms to combat money laundering and the financing of terrorism. Cooperation will, among other things, enable the exchange of useful information between the competent authorities of the parties in their respective legislative frameworks on the basis of appropriate standards to combat money laundering and the financing of terrorism, equivalent to those adopted by the parties and international bodies active in this field, such as the Financial Action Group (FATF).
ARTICLE 25
Cooperation in combating illicit drugs
1. The parties cooperate to ensure a comprehensive and balanced approach through effective action and coordination between the competent authorities, in particular in the areas of the application of the law, customs, health, justice and internal affairs and other sectors, with the aim of reducing the supply of consumers (including the illicit cultivation of opium poppy and the production of synthetic drugs), the trafficking and demand of illicit drugs, and
2. The parties agree on the modalities of cooperation to be implemented in order to achieve these objectives. The actions are based on common principles under the international conventions on the subject in which the parties participate, the political declaration, the declaration on the fundamental principles of the reduction of the demand for drugs and the measures to strengthen international cooperation to deal with the serious problem of drugs in the world, adopted at the twentieth special session of the General Assembly of the United Nations devoted to the world drug problem held in June 1998, as well as the political declaration and declaration adopted by the United Nations.
3. Cooperation between the parties includes technical and administrative assistance, including in the areas of development of national legislation and policies, establishment of national institutions and information and monitoring centres, training of personnel, drug research, efforts to reduce the demand for and damage caused by these drugs, judicial and police cooperation and effective control of precursors, which can be used in the illicit manufacture of narcotic drugs and psychotropic substances. Parties may agree to include other areas.
ARTICLE 26
Protection of personal data
1. The parties agree to cooperate in order to align the level of protection of personal data with the strictest international standards, as appropriate, including those contained in international instruments, to the extent that they apply to the parties.
2. Cooperation in the protection of personal data may include technical assistance in the form of an exchange of technical information and expertise.
PART VI
DEVELOPPEMENT SOCIO-ECONOMIQUE ET AUTRES DOMAINES DE COOPERATION
ARTICLE 27
Cooperation in the field of migration
1. The parties reaffirm the importance of joint efforts to manage migratory flows between their territories. In order to strengthen their cooperation, they establish an in-depth dialogue on all migration issues. Migration issues are integrated into national strategies for socio-economic development of countries of origin, transit and destination of migrants.
2. Cooperation between the parties is based on an assessment of the specific needs of a consultation between the parties and is implemented in accordance with the EU and national legislation in force in this area. It will focus on:
(a) The root causes of migration;
(b) an in-depth dialogue on legal migration aimed, in mutually agreed terms, to establish mechanisms to encourage opportunities for legal migration;
(c) the exchange of experiences and practices relating to the respect and implementation of the provisions of the Convention relating to the Status of Refugees, signed on 28 July 1951, and the Protocol thereto, signed on 31 January 1967, including principles of non-refoulement and voluntary return;
(d) the rules of admission, as well as the rights and status of persons admitted, the equitable treatment and integration of all non-citizens in legal situations, education and training, as well as measures to combat racism and xenophobia;
(e) the development of an effective preventive policy against illegal immigration, smuggling of migrants and trafficking in human beings, including the study of ways to combat networks of smugglers and traffickers and to protect victims of such trafficking;
(f) the return, in human and dignified conditions, of persons illegally residing in the territory of a country, including the encouragement of their voluntary return, and their readmission, in accordance with paragraph 3;
(g) issues considered to be of common interest in the field of visas and the security of travel documents;
(h) issues of common interest in border controls;
(i) technical and human capacity-building.
3. As part of the cooperation to prevent and control illegal immigration and without prejudice to the need to protect victims of trafficking in persons, the parties further agree that:
(a) after confirmation of Vietnamese nationality by the competent Vietnamese authorities in accordance with existing national legislation or applicable agreements, Vietnam shall readmission its illegally present nationals to the territory of a Member State, at the request of the competent authorities of the Member State and as soon as possible;
(b) after confirmation of their nationality by the competent authorities of the Member State concerned in accordance with its national legislation or existing applicable agreements, each Member State shall readmission its illegally present nationals to the territory of Vietnam, at the request of the competent authorities of the latter and as soon as possible.
The parties provide their nationals with appropriate identity documents for this purpose. When the person to be remitted does not have a document or other proof of nationality, the competent authorities of the Member State concerned or Vietnam shall, at the request of Vietnam or the Member State concerned, take the necessary arrangements to speak with that person in order to establish his nationality.
4. In accordance with their respective laws and procedures, the parties strengthen their cooperation on readmission issues with a view to negotiating, at the request of either party, and in accordance with agreed terms and conditions, an agreement between the EU and Vietnam on the readmission of their respective citizens.
ARTICLE 28
Education and training
1. The parties agree to promote, in the areas of education and training, cooperation respectful of their diversity in order to increase their mutual understanding and agree to raise awareness of educational opportunities in the EU and Vietnam.
2. The parties also focus on measures designed to create linkages between their respective specialized agencies and higher education institutions and to encourage the exchange of information, know-how, students, experts and technical resources, taking advantage of the means offered by the Union's programmes in South-East Asia in the fields of education and training, as well as the experience gained by both parties in education and training.
3. Both parties agree to promote the implementation of adequate higher education programs, such as Erasmus Mundus and the conference interpreters training program, and to encourage educational institutions in the EU and Vietnam to cooperate in the framework of joint diplomas or research programmes to develop academic cooperation and mobility.
4. The parties also agree to engage in a dialogue on issues of mutual interest related to the modernization of the higher education system, technical education and vocational training, which could include technical assistance measures aimed, inter alia, at improving the qualifications framework and quality assurance.
ARTICLE 29
Health
1. The parties agree to cooperate in the health sector to improve health conditions and social protection, and in particular to strengthen the health system, including health care and health insurance.
2. This cooperation focuses on:
(a) programmes to strengthen the health sector, including improving health systems and services, health conditions and social protection;
(b) joint activities in the field of epidemiology, including collaboration on early prevention and control of epidemics, such as avian and pandemic influenza and other major contagious diseases;
(c) international health agreements, including the Framework Convention for Tobacco Control and the International Health Regulations;
(d) food security standards, including the automatic control network for food imports, covered by Article 14;
(e) the exchange of information and experience on policies and regulations relating to pharmaceuticals and medical equipment, in accordance with agreed terms;
(f) the prevention and control of non-communicable diseases through the exchange of information and good practices, the promotion of a healthy lifestyle, the management of key health factors, and the monitoring and management of these diseases.
3. The parties recognize the importance of continuing to modernize the health sector and agree to strengthen capacity development and technical assistance in this sector.
ARTICLE 30
Environment and natural resources
1. The parties agree on the need to preserve and sustainably manage natural resources and biodiversity as essential elements for the development of current and future generations.
2. The parties agree that cooperation in this area must be carried out in support of the conservation and improvement of the environment, with a view to sustainable development. The outcome of the World Summit on Sustainable Development will be taken into account in all activities undertaken by the parties under this Agreement.
3. The parties agree to cooperate to ensure that their environmental policies complement each other and to strengthen the integration of environmental considerations in all areas of cooperation.
4. The parties undertake to continue and strengthen their cooperation, including:
(a) encouraging their active participation in the implementation of multilateral environmental agreements to which they are signatories, including the Bssle Convention, the Stockholm Convention and the Rotterdam Convention;
(b) promoting environmental awareness and strengthening local participation, including indigenous and local communities, in efforts to protect the environment and sustainable development;
(c) promoting and disseminating environmentally sound technologies, products and services, including through the use of regulatory and market mechanisms;
(d) by preventing clandestine cross-border movements of waste, including hazardous wastes and ozone-depleting substances;
(e) improving ambient air quality, environmentally sound waste management, chemicals safety, sustainable and integrated water resources management, and promoting sustainable consumption and production;
(f) on sustainable development and forest protection, including through the promotion of sustainable forest management, forest certification, measures to combat illegal forest exploitation and associated trade, and the integration of forest management into the development of local communities;
(g) with regard to the effective management of national parks, as well as the designation and protection of areas of biodiversity and fragile ecosystems, in accordance with or close to local and indigenous communities;
(h) with regard to the protection and conservation of the coastal and marine environment and the promotion of the effective management of marine resources to ensure sustainable marine development;
(i) with respect to soil protection, preservation of soil functions and sustainable land use;
(j) improving land management capacity, transparency of the land economy and the proper functioning of the real estate market, based on the principle of sustainable land use and fair rights for stakeholders, to ensure effective land use and environmental protection in the context of sustainable development.
5. To this end, the parties are working to strengthen their cooperation in both bilateral and multilateral frameworks, including through technical assistance programmes to promote the development, transfer and use of environmentally sound technologies, as well as through partnership initiatives and agreements based on the principle of mutual benefit, with a view to the rapid realization of the Millennium Development Goals.
ARTICLE 31
Cooperation to address climate change
1. The parties agree to cooperate to accelerate the fight against climate change and its impact on environmental degradation and poverty, to promote strategies to mitigate climate change and to adapt to its negative effects, in particular sea-level rise, and to engage their economies on low-carbon sustainable growth paths.
2. The objectives of cooperation are:
(a) To combat climate change, the overall objective being a transition to safe and sustainable sober carbon economies through concrete mitigation actions consistent with the principles of the United Nations Framework Convention on Climate Change (UNFCCC).
(b) improve the energy performance of their economies, encouraging energy efficiency, energy savings and the use of safe and sustainable renewable energy, and moving towards energy production that does not affect the climate and contributes to the foundations of an energy revolution;
(c) promote sustainable production and consumption patterns in their economies, which contribute to reducing pressure on ecosystems, including soil and climate;
(d) adapt to the inevitable and negative impact of climate change, including the integration of adaptation measures into party growth and development strategies and planning in all sectors and at all levels.
3. To achieve the objectives set out in paragraph 2, the parties shall:
(a) Strengthen political dialogue and technical cooperation;
(b) encourage cooperation in research and development activities (R♣D) and low-emission technologies;
(c) Strengthen cooperation on appropriate national mitigation actions, low-carbon growth plans, national climate change adaptation programmes and disaster risk reduction;
(d) promote capacity-building and strengthen institutions to respond to climate change challenges;
(e) promote awareness-raising activities, in particular regarding the most vulnerable populations and those living in fragile areas, and facilitate the participation of local communities in response to climate change.
ARTICLE 32
Agriculture, forestry, livestock, fisheries and rural development
1. The parties agree to intensify their cooperation, including through strengthened dialogue and the exchange of experiences, in the areas of agriculture, forestry, livestock, fisheries and rural development, including:
(a) agricultural policy and international agricultural perspectives in general;
(b) facilitating the exchange of plants, animals and their products, the development and promotion of markets;
(c) Development policy in rural areas;
(d) quality policy for plants, animals and aquatic products, in particular protected geographical indications and biological production; marketing of quality products, including products from organic farming and those covered by geographical indications (labelling, certification and control);
(e) the welfare and well-being of animals;
(f) promoting sustainable and environmentally friendly agriculture and the transfer of biotechnology;
(g) support for a sustainable and long-term policy on fisheries and the marine environment, including the conservation and management of coastal and marine resources;
(h) support for efforts to prevent and combat illegal, unreported and unregulated fishing practices and against illegal exploitation of forests and associated trade, through the implementation of the forest regulations, governance and trade (FLEGT) and a voluntary partnership agreement (APV);
(i) research on heredity, selection of animal breeds or plant varieties, including improving the quality of livestock, and research on food and nutrition of terrestrial and aquatic animals;
(j) mitigating the negative effects of climate change on agricultural production and poverty reduction in rural and isolated areas;
(k) support for sustainable forest management and its promotion, including adaptation to climate change and mitigation of its negative effects.
2. The parties agree to explore the possibilities for technical assistance in the field of plant and animal production, including, but not limited to, the improvement of animal and plant productivity and the quality of products, and also agree to consider the implementation of capacity-building programmes to develop management skills in this area.
ARTICLE 33
Cooperation on gender equality
1. The parties work together to strengthen gender equality policies and programmes, as well as to strengthen institutional and administrative capacity in this area; They also support the implementation of national strategies on gender equality, including the rights and empowerment of women, to ensure equitable participation of men and women in all sectors of economic, cultural, political and social life. In particular, this cooperation aims to improve women's access to the resources necessary for the full enjoyment of their human rights.
2. Parties encourage the creation of an adequate framework to:
(a) ensure that gender issues are properly addressed in all development strategies, policies and programmes;
(b) to exchange experiences and approaches in promoting gender equality, and to promote the adoption of positive measures for women.
ARTICLE 34
Cooperation in war debris management
The parties recognize the importance of cooperation in the fight against mines, bombs and other unexploded ordnance and in monitoring compliance with the international treaties to which they are parties, taking into account other relevant international instruments. The parties therefore agree to cooperate:
(a) through exchange of experiences and dialogue, improved management capacity, and training of experts, researchers and specialized experts, including through capacity-building assistance, subject to their internal procedures, to address the above-mentioned problems;
(b) through communication and education activities on the prevention of accidents caused by bombs and mines, the rehabilitation and community reintegration of bomb and mine victims.
ARTICLE 35
Cooperation in the field of human rights
1. The parties agree to cooperate in the promotion and protection of human rights, including the implementation of international human rights instruments to which they are parties.
Technical assistance will be provided for this purpose.
2. Such cooperation may include:
(a) the promotion of human rights and education in this field;
(b) strengthening human rights institutions;
(c) strengthening the ongoing dialogue on human rights;
(d) strengthening cooperation within the United Nations human rights institutions.
ARTICLE 36
Public administration reform
The parties, based on an assessment of the specific needs of mutual consultation, agree to cooperate in the restructuring of their public administration and in improving its effectiveness, including by:
(a) improving organizational efficiency, including decentralization;
(b) strengthening the effectiveness of institutions in service delivery;
(c) improving the management of public finances and accountability in accordance with the respective legislation and regulations of the parties;
(d) improving the legal and institutional framework;
(e) capacity-building for policy design and implementation (public services, budget development and execution, anti-corruption);
(f) capacity-building of law enforcement mechanisms and services;
(g) reform of public service, agencies and administrative procedures;
h) capacity-building for the modernization of public administration.
ARTICLE 37
Non-governmental organizations
1. The parties recognize the role and potential contribution of associations and NGOs, including social partners, to the cooperation process envisaged under this Agreement.
2. In accordance with the democratic principles and legal and administrative provisions of each party, organized associations and NGOs may:
(a) participate in the policy development process;
(b) be informed of and participate in the consultations on sectoral policies and development and cooperation strategies, including in areas affecting them, at all stages of the development process;
(c) benefit from financial resources, to the extent that the regulation of each party permits, as well as capacity-building assistance in sectors in difficulty;
(d) Participate in the implementation of cooperation programmes in the areas affecting them.
ARTICLE 38
Culture
1. The parties agree to promote, in accordance with their diversity, multifaceted cultural cooperation in order to improve their mutual understanding and knowledge of their respective cultures.
2. The parties endeavour to take appropriate measures to promote cultural exchanges and to put in place joint initiatives in various cultural areas, including cooperation in the preservation of heritage, in accordance with cultural diversity. In this regard, they agree to continue to cooperate within the framework of the Asia-Europe Summit (ASEM) and to support the activities of the Asia-Europe Foundation. To this end, the parties support and encourage long-term partnership and cooperation between their cultural institutions.
3. The parties agree to consult and cooperate in relevant international forums, including UNESCO, to pursue common objectives and promote cultural diversity and the protection of cultural heritage. In this regard, the parties agree to promote the ratification of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, adopted on 20 October 2005, and to strengthen their cooperation in its implementation, focusing on political dialogue, integrating culture in sustainable development and poverty reduction with a view to promoting the emergence of a dynamic cultural sector by facilitating the development of cultural industries. The parties continue their efforts to encourage other States to ratify the Convention.
ARTICLE 39
Scientific and technological cooperation
1. The parties agree to strengthen scientific and technological cooperation in areas of mutual interest, including industry, energy, transport, the environment, and in particular climate change and natural resource management (fishing, forestry and rural development), agriculture and food security, biotechnology, and human and animal health, taking into account their respective policies and cooperation programmes.
2. This cooperation includes:
(a) encourage the exchange of scientific and technological information and know-how, particularly with regard to the implementation of policies and programmes;
(b) promote sustainable research relationships and partnerships among scientific communities, research centres, universities and industry;
(c) Promote human resources training in science and technology;
(d) Strengthen the application of scientific and technological research to promote sustainable development and improve the quality of life.
3. Cooperation takes the following forms:
(a) joint research and development projects and programmes;
(b) exchange of information, knowledge and experience by the joint organization of seminars and scientific workshops, meetings, symposia and conferences;
(c) training and exchange of scientists and student researchers through international mobility programmes and exchange programmes, providing for the maximum dissemination of research results, teachings and good practices;
(d) other activities agreed between the parties.
4. The parties will encourage their higher education institutions, their research centres and their respective production sectors, in particular their small and medium-sized enterprises, to join in this cooperation. Co-operation activities must be based on the principles of reciprocity, equitable treatment and mutual benefit and ensure adequate protection of intellectual property.
5. The following areas, among other things, benefit from specific priority cooperation:
(a) promoting and facilitating access to specific research facilities for the exchange and training of researchers;
(b) Encourage the integration of research and development into investment and official development assistance programs/projects.
6 The parties shall endeavour to mobilize financial resources to support the implementation of scientific and technological cooperation activities under this Agreement within their capabilities.
7. The parties agree to make every effort to raise public awareness of the perspectives of their respective scientific and technological cooperation programmes.
ARTICLE 40
Information and communication technology cooperation
1. Recognizing that information and communication technologies (ICT) are fundamental elements of modern life and are essential to socio-economic development, the parties agree to exchange their views with respect to their respective policies in this area in order to support economic and social development.
2. Cooperation in this area includes:
(a) facilitating dialogue on various aspects of ICT development;
(b) capacity-building in ICT, including human resources development;
(c) the interconnection and interoperability of the networks and services of the parties and South-East Asia;
(d) Standardization and dissemination of new ICTs;
(e) promoting cooperation in research and development activities among parties in the ICT sector;
(f) ICT security and cybercrime issues/ aspects;
(g) the assessment of telecommunications compliance, including broadcasting equipment;
(h) cooperation and sharing of experiences and good practices with regard to the introduction of information technologies in society and public administration;
(i) promoting cooperation between relevant institutions and agents in the audiovisual and media sectors;
(j) Continued cooperation among enterprises in the ICT sector, including technology transfer.
ARTICLE 41
Transport
1. The parties agree to further intensify their cooperation in the appropriate sectors of transport policy, with a view to increasing and developing investment prospects, improving the movement of goods and passengers, promoting maritime and air safety and security (particularly research and relief, combating piracy and broader regulatory convergence), reducing the impact of transport on the environment and increasing the efficiency of their systems of transport.
2. Cooperation between the parties in this sector is aimed at:
(a) the exchange of information on their respective transport policies and practices, including with regard to rural, urban, maritime and air transport, urban transport planning, transport logistics, public transport development and interconnection and interoperability of multimodal transport networks;
(b) the exchange of information on the European Galileo satellite navigation system using appropriate bilateral instruments, with a focus on issues of common interest relating to regulation, industrial development and market development;
(c) joint actions in the air transport sector, including through the implementation of existing agreements, to explore opportunities for further development of relationships, as well as technical and regulatory cooperation, on issues such as air safety and security, and the management of air traffic, in order to encourage harmonization of regulations and to eliminate obstacles to economic activity. On this basis, parties explore opportunities to enhance cooperation in civil aviation;
(d) a dialogue in the field of marine transport services aimed at unlimited access to international maritime markets and trade on a commercial basis, commitments to the progressive removal of existing cargo reservation systems, parties refraining from introducing cargo-sharing clauses, the granting of the right of establishment to carriers service providers of marine transport services, including auxiliary services, national processing and the clause of the
(e) the implementation of safety and pollution prevention standards, particularly with regard to maritime and air transport, in accordance with applicable international conventions, including cooperation in relevant international forums, with a view to ensuring better implementation of international regulations. To this end, the parties encourage technical cooperation and assistance on issues related to transport safety, including search and rescue and investigation of deaths and accidents.
ARTICLE 42
Energy
1. The parties agree to improve cooperation in the energy sector to:
(a) diversify their energy sources to improve energy security, develop innovative and renewable energy forms, including biofuels and biomass on a country-specific basis, wind and solar energy and hydropower generation, and support the development of adequate strategic frameworks to create conditions conducive to investment and a fair level of competition for renewable energy and their integration into the relevant renewable energy sectors;
(b) To achieve a rational use of energy at both supply and demand levels by promoting energy efficiency in the production, transport and distribution of energy and in its final use;
(c) promote technology transfer for efficient production and use of energy;
(d) to work on capacity-building and the facilitation of energy investments on the basis of transparent and non-discriminatory trade regulations;
(e) discuss the link between affordable access to energy services and sustainable development.
2. To this end, the parties agree to encourage joint contacts and research activities, as well as to intensify technical assistance and capacity-building projects within the framework of appropriate regional forums for clean production and environmental protection, in their mutual interest. The two sides will explore further opportunities to enhance cooperation in the field of nuclear security and security in accordance with their current policies and regulatory framework.
ARTICLE 43
Tourism
1. Under the World Tourism Organization's Global Ethical Code of Tourism and the principles of sustainability based on the "local Agenda 21 process", the parties seek to improve the exchange of information and to establish good practices to ensure a balanced and sustainable development of tourism.
2. The parties agree to intensify their cooperation on, inter alia:
(a) safeguard and enhance their natural and cultural heritage;
(b) mitigate the negative impacts of tourism;
(c) increase the positive contribution of the tourism industry to the sustainable development of local communities, including by promoting ecological and cultural tourism, in accordance with the integrity and interests of local and indigenous communities;
(d) Provide technical assistance and capacity-building, including through training programmes for policy makers and tourism managers;
(e) encourage the tourism industry, including tour operators and travel agencies of both parties, to further intensify bilateral cooperation, including through training activities.
ARTICLE 44
Industrial policy and cooperation between SMEs
The parties, taking into account their respective economic policies and objectives, agree to stimulate cooperation in industrial policy in all areas that they consider appropriate, with a view to improving the competitiveness of small and medium-sized enterprises, inter alia:
(a) sharing information and experiences on the creation of the legal framework and other conditions conducive to improving the competitiveness of small and medium-sized enterprises;
(b) promoting contacts and exchanges among economic operators, encouraging joint investment and joint ventures, as well as information networks, including through the horizontal programmes of the existing Union, by stimulating, in particular, technological transfers and know-how among partners, including new and advanced technologies;
(c) providing information, stimulating innovation and sharing good practices on access to finance and the market, including audit and accounting services, in particular for small and micro-enterprises;
(d) facilitating and supporting relevant activities determined by their respective private sectors and professional associations;
(e) promoting corporate social responsibility and accountability and encouraging responsible business practices, including sustainable consumption and production. This co-operation is also considered from a consumer perspective, for example, by focusing on product information or the role of consumers in the marketplace;
(f) conducting joint research projects, providing technical assistance and cooperating on standards, technical regulations and conformity assessment procedures in specific industrial sectors, in accordance with agreed terms and conditions.
ARTICLE 45
Dialogue on economic policy
The parties agree to cooperate in the promotion of the exchange of information on their respective economic trends and policies, as well as the sharing of experiences in the coordination of economic policies in the context of regional economic cooperation and integration by using existing bilateral and multilateral mechanisms in the areas of mutual interest, including by sharing information on the process of reform and privatization of public enterprises, in accordance with their laws and regulations.
ARTICLE 46
Cooperation in the field of taxation
1. In order to strengthen and develop economic activities while taking into account the need to develop an appropriate regulatory and administrative framework, the parties undertake to respect the principles of good governance in the tax field and implement the principles of transparency and the exchange of information within the framework of bilateral tax treaties between the Member States and Vietnam. The parties also agree to strengthen their exchange of experiences, dialogue and cooperation in the fight against tax evasion and other harmful tax practices.
2. The parties agree to strengthen cooperation in the tax field with a view to improving their regulatory and administrative capacities through, inter alia, the exchange of experiences and technical assistance.
3. The parties encourage the effective implementation of bilateral tax treaties between the Member States and Vietnam and support the review of such new conventions in the future.
ARTICLE 47
Financial services cooperation
The parties agree to maintain a dialogue aimed, inter alia, at exchanging information and experiences on their respective regulatory environments and strengthening their cooperation in order to improve accounting, auditing and monitoring and regulatory systems in the banking and insurance sectors and in other segments of the financial sector, including through capacity-building programmes in the areas of mutual interest.
ARTICLE 48
Cooperation in natural disaster prevention and mitigation
1. The parties agree to cooperate to prevent and respond to natural disasters effectively to minimize human losses and damage to property, natural resources, the environment and cultural heritage and to integrate the concept of disaster risk mitigation in all sectors and areas of intervention at both the national and local levels.
2. On this basis, the parties agree to:
(a) share information on the monitoring, assessment, forecasting and early reporting of natural disasters;
(b) enhance capacity through the sharing of experiences and good practices in the prevention and mitigation of natural disasters;
(c) support each other through the provision of the technologies, specialized equipment and equipment necessary for disaster management and emergency response;
(d) Enhance the dialogue between the authorities of the parties responsible for natural disaster management and emergency response to support and strengthen cooperation in this area.
ARTICLE 49
Urban planning and spatial planning
1. Recognizing the importance of the role of urban planning and land-use planning in pursuing the objectives of economic growth, poverty reduction and sustainable development, the parties agree to promote cooperation and partnership in this area.
2. Cooperation in the area of urban planning and spatial planning can take the following forms:
a) the exchange of experiences on issues related to urban planning and sustainable land use, including:
- strategies dealing with urban planning and associated infrastructure, land-use planning and urban expansion, the conservation and development of historical settlements;
- the establishment of urban networks with the participation of central and local managers, including municipalities, associations and NGOs, agencies, contractors and professional associations;
- the management of architecture, urban planning and the expansion of urban space through instruments under the geographic information system (GIS);
- the planning and development of urban centres, the renovation of city centres and the ecological development of urban areas;
- relations between urban and rural areas;
- the development of technical infrastructure in urban areas, including the rehabilitation and improvement of urban water supply networks, the construction of sewage and solid waste treatment systems, the protection of the environment and the urban landscape;
(b) support for training activities and capacity-building of managers at the central, regional and local level in the area of urban planning and land-use planning, architecture and architectural heritage management;
(c) co-operation in appropriate international organizations, such as UN-Habitat and the World Urban Forum, through joint research programmes and the organization of workshops and seminars to exchange information and experiences in the field of urban planning, including on issues related to urban expansion, urban architecture, land development and the development of technical infrastructure.
3. The parties agree to intensify their cooperation and to ensure that their regional and urban authorities exchange their experiences and information in order to solve complex urban problems by promoting sustainable development.
ARTICLE 50
Labour, employment and social affairs
1. The parties agree to strengthen cooperation in the field of work, employment and social affairs, including cooperation in the areas of work, social and regional cohesion, occupational health and safety, gender equality, development of skills throughout life, human resources development, international migration, decent work and social security, with the aim of increasing the social dimension of globalization.
2. The parties reaffirm the need to contribute to the process of globalization, beneficial to all, and to promote full and productive employment and decent work as the basis for sustainable development and poverty reduction, as set out in General Assembly resolution 60/1 and the Ministerial Declaration of the High-Level Segment of the United Nations Economic and Social Council of July 2006. Cooperation between the two parties is compatible with the respective characteristics and the different nature of socio-economic situations and takes into account them.
3. The parties reaffirm their commitment to respect, promote and implement internationally recognized labour standards, as defined in the International Labour Organization (ILO) conventions to which they are parties, as set out in the ILO Declaration on Fundamental Principles and Rights at Work. The parties agree to cooperate and provide technical assistance with a view to promoting the ratification of internationally recognized labour standards, as appropriate, and effectively implementing the standards ratified by the parties.
4. In accordance with the laws, conditions and procedures applicable in the host country as well as international conventions and treaties to which they are parties, the parties shall endeavour to ensure that the treatment granted to nationals of the other party legally employed in their territory is free from any discrimination on the basis of nationality, with regard, inter alia, to the conditions of work, remuneration or termination, in relation to the conditions applied to nationals of other third countries.
5. Cooperation can take the following forms: specific programmes and projects, agreed upon by mutual agreement, capacity-building, exchange of ideas and initiatives on topics of mutual interest, bilateral or multilateral, such as the ASEM, EU-ASEAN meetings and the ILO.
ARTICLE 51
Statistics
1. The parties agree to promote cooperation to harmonize and develop statistical methods, including collection, processing, analysis and dissemination.
2. To this end, the parties agree to strengthen cooperation, including through regional and international forums, through capacity-building and technical assistance projects, including through the provision of modern statistical software, with a view to improving the quality of statistics.
PART VII
INSTITUTIONAL FRAMEWORK
ARTICLE 52
Joint Committee
1. The parties agree to establish a joint committee composed of representatives of the two parties at the highest possible level with the following missions:
(a) Ensure the proper operation and implementation of this Agreement;
(b) Identify priorities in line with the objectives of this Agreement;
(c) monitor the development of all the relationships that the parties maintain and make recommendations to promote the objectives of this Agreement;
(d) request, where appropriate, information to other committees or other bodies established under other agreements between the parties and consider all reports submitted to them;
(e) to exchange views and make suggestions on any topic of common interest, including future actions and available resources for their implementation;
(f) resolve disputes related to the application or interpretation of this Agreement;
(g) consider all information submitted by one of the parties regarding compliance and arrange consultations with the other party in order to find a solution acceptable to both parties in accordance with Article 57.
2. The mixed committee normally meets annually, alternately in Hanoi and Brussels, on a date set by mutual agreement. Extraordinary sessions may also be convened jointly between the parties. The chair of the joint committee is exercised alternately by each of the parties. The agenda of the meetings of the joint committee is mutually agreed between the parties.
3. The joint committee may create sub-committees and specialized working groups to assist it in carrying out its tasks. These subcommittees and working groups provide detailed reports of their activities to the joint committee at each of its meetings.
4. The parties agree to entrust the joint committee with the task of ensuring the proper operation of any sectoral agreement or protocol between the parties.
5. The Joint Committee sets out its rules of procedure.
PART VIII
FINAL PROVISIONS
ARTICLE 53
Means of cooperation
1. The parties agree, within their respective resources and regulations, to make available appropriate, financial and other means to enable the achievement of the objectives of cooperation set out in this Agreement.
2. The parties encourage the European Investment Bank to continue its work in Vietnam, in accordance with its financing procedures and criteria.
ARTICLE 54
Future development clause
1. The parties may, by mutual consent, extend the scope of this Agreement to strengthen the level of cooperation, including agreements or protocols on specific areas or activities. Such specific agreements are an integral part of the general bilateral relations governed by this Agreement and are part of a common institutional framework.
2. As part of the application of this Agreement, each of the two parties may make suggestions to extend the scope of cooperation, taking into account the experience gained during its implementation.
ARTICLE 55
Other agreements
1. Without prejudice to the applicable provisions of the Treaty on the European Union and the Treaty on the Functioning of the European Union, neither this Agreement nor any action taken within the framework of the latter shall affect the power of the Member States to undertake bilateral cooperation actions with Vietnam or to conclude, as appropriate, new agreements of partnership and cooperation with Vietnam.
2. This Agreement shall not affect the application or implementation of the commitments made by each party in its relations with third parties.
3. The agreements currently in force, relating to areas of cooperation within the scope of this Agreement, are considered to be part of the general bilateral relations governed by this Agreement and, on the other hand, of a common institutional framework.
ARTICLE 56
Application and interpretation of the Agreement
1. Each party may refer to the joint committee of any dispute relating to the application or interpretation of this Agreement.
2. The joint committee may resolve disputes by recommendation.
ARTICLE 57
Compliance
1. The parties shall take all necessary general or special measures to comply with their obligations under this Agreement and ensure that they comply with the objectives and purposes defined by this Agreement.
2. If one of the parties considers that the other has breached an obligation under this Agreement, it may take appropriate action.
3. Previously, it must, except in the event of a substantial breach of the agreement, provide the joint committee with all the information necessary for a thorough review of the situation with a view to finding an acceptable solution by the parties.
4. The parties agree that for the purpose of correct interpretation and practical application of this Agreement, the terms "appropriate measures" referred to in Article 57, paragraph 2, refer to measures taken in accordance with international law and proportionate to the failure to implement the obligations set out in this Agreement. When choosing these measures, priority must be given to those that at least disrupt the operation of this Agreement. These measures are notified immediately to the other party and are subject to consultations within the joint committee at the request of the other party.
ARTICLE 58
Facility
In order to facilitate cooperation under this Agreement, both parties agree to provide the necessary facilities for the performance of the tasks of officials and experts involved in the implementation of cooperation, in accordance with the internal rules and regulations of both parties.
ARTICLE 59
Statements
The declarations annexed to this Agreement shall be an integral part of this Agreement.
ARTICLE 60
Territorial application
This Agreement applies to territories where the Treaty on the European Union is applicable and under the conditions provided for in the said Treaty, on the one hand, and to the territory of the Socialist Republic of Vietnam, on the other.
ARTICLE 61
Definition of parties
For the purposes of this Agreement, the term "Parties" means, on the one hand, the Union or its Member States or the Union and its Member States, in accordance with their respective competences, and on the other, the Socialist Republic of Vietnam.
ARTICLE 62
National security and information disclosure
Nothing in this Agreement shall be construed to require a party to disclose information that it considers disclosure to be contrary to its essential security interests.
ARTICLE 63
Entry into force and duration
1. This Agreement shall enter into force on the first day of the month following the date on which the last Party notified the other party of the legal procedures necessary for this purpose.
2. This Agreement shall be concluded for a period of five years. It is automatically extended for successive one-year periods, unless written notification from one party to another of its intention not to extend the agreement six months before the end of any subsequent one-year period.
3. The amendments to this Agreement shall be made by mutual consent between the parties. They come into force only when the parties notified themselves of the completion of all necessary formalities.
4. This Agreement may be denounced by either party by means of a written notification of denunciation addressed to the other party. The agreement ceases to be applicable six months after the receipt of this notification by the other party.
ARTICLE 64
Notifications
Notifications made pursuant to section 63 are addressed to the Secretary General of the Council of the European Union and the Minister for Foreign Affairs of Vietnam respectively.
ARTICLE 65
Faithful text
This Agreement is written in duplicate in German, English, Bulgarian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish, Czech and Vietnamese, each of these texts being equally authentic.
Done in Brussels on 27 June 2012.
Annex
COMMUN DECLARATION SUR LE STATUT D'ECONOMIE DE MARCHE
The parties intensify cooperation with a view to achieving rapid recognition of Vietnam's market economy status as soon as possible, subject to applicable procedures.
UNILATERAL DECLARATION OF THE EUROPEAN UNION
ON THE GENERAL PREFERENCE SYSTEM (SPG)
The European Union recognizes the significant importance of SPG for trade development and will continue to cooperate, inter alia, through dialogue, exchanges and capacity-building activities, in order to ensure the optimal use of this system by Vietnam, in accordance with the procedures of the parties that apply and taking into account the evolution of EU trade policy.
COMMON DECLARATION RELATING TO ARTICLE 24 (COOPERATION IN THE LUTTE CONTROL OF CAPITAL BLANCHIMENT AND THE FINANCING OF TERRORISM)
The parties agree that the joint committee will draw up a list of the competent authorities responsible for the exchange of useful information under this section.
COMMUNITY DECLARATION
A L'ARTICLE 57 (RESPECT DES OBLIGATIONS)
The parties agree that, for the purpose of correct interpretation and practical application of this Agreement, "substantial violation of the agreement" within the meaning of Article 57, paragraph 3, of this Agreement, in conjunction with Article 60, paragraph 3, of the 1969 Vienna Convention on the Law of Treaties (hereinafter referred to as the "Vienna Convention"):
(a) a denunciation of the agreement not sanctioned by the Vienna Convention; or
(b) a serious violation of an essential element of the agreement, as described in Article 1erParagraphs 1er and 2, and Article 8.
In the event of a substantial breach of the agreement, the measure shall be notified immediately to the other party. At the request of the other party, the joint committee shall hold urgent consultations within a maximum of thirty days to conduct a thorough review of any aspect of the measure or its basis in order to find a solution acceptable to the parties.